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Antoine Motulsky-Falardeau
Bar Admission 2003
Bachelor of Music from Université de Montréal (B.Mus.)
Civil Law Degree from McGill University (B.C.L.)
Common Law Degree from McGill University (LL.B.)
Master of Law from Université Laval (LL.M.)
Contact information
Legal Assistant
Litigator and Arbitrator in Civil and Commercial Law, Antoine works diligently and with proportionnality, in order to maintain long-term business relationships and provide independant legal services in the following fields: dispute resolution, contracts, international law, construction law, franchise law, shareholder’s disputes, products liability, bankruptcy and insolvency, professional liability, information technologies, insurance, intellectual property and estates. In addition to drafting and reviewing contractual documents, he pleads regularly before the Quebec judicial tribunals Quebec Court, Superior Court and Court of Appeal), including provisional measures (injunctions and safeguard orders), as well as in arbitration.
Read moreAccredited by the Quebec Bar to act as an Arbitrator in Civil and Commercial disputes, Antoine has acted as an arbitrator in commercial law as well as in lawyer’s fees law. He has teached Dispute Resolution, including mediation and arbitration, and Private International Law at the Faculté of Law of Laval University in 2014, 2015, 2016 and 2022. Since 2021, he teaches, in English, International Arbitration at the Quebec Bar School. He has been admitted to the Federation of Defense and Corporate Counsel and serves since 2019 as president of the International Section of the Quebec branch of the Canadian Bar Association.
Antoine master’s thesis on the limitation of international arbitral awards in Quebec won the Henri-Capitant Prize for the best private law master’s thesis in Quebec in 2015. The Quebec Court of appeal quoted with approval pages 189 to 195 of this thesis in Itani c. Société générale de Banque au Liban SAL, 2022 QCCA 920.
Antoine is appreciated for his drive, his analytical vision, his professionalism and the dedication with which he advises and represents his clients.
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Services
- Business Law
- Commercial Law
- Commercial Litigation
- Construction Law
- Information Technology
- Insolvency
- Insurance Law
- Intellectual Property
- International Law
- Shareholder Agreements
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Professional activities
My clients are large, medium and small businesses as well as government organizations and sometimes individuals dealing with potential or current civil or commercial disputes. I help during the investigation and advise on the various possible solutions and then execute the chosen dispute resolution mechanism, be it negotiation, mediation, arbitration or resort to the Courts, in emergency or not, until final resolution of the matter. I also help clients facing a business opportunity to draft of review contractual documents.
Some of my current and recent mandates are :
- On behalf of a public agency, lawsuit for approximately 7 M$ against construction professionnals regarding the facade’s refurbishment of a governement’s building;
- On behalf of a US business, management in all Canadian jurisdictions of corporate filings and certains disputes regarding one of its business segment;
- On behalf of an international provider, negotiation of a framework agreement to provide cloud services to government organizations;
- Acting as an Arbitrator appointed by two businesses bound by long-term agreements;
- On behalf of the buyer of a business, lawsuit in injunction and arbitration against the seller;
- On behalf ot the creditor of a US judgment for approximately 1,5 M$, lawsuit in recognition and enforcement in proceedings pursuant to the Bankruptcy and Insolvency Act.
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Social Involvement
In addition to my involvement in several committees of the Quebec Bar and Montreal Bar, I am involved in the Quebec City Chamber of Commerce and Industry. I have also been a director and Chairman of the Board of Directors of an early childhood centre.
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Lectures, publications and teaching
- "Modes privés de prévention et de règlement des différends"(Dispute Resolution), course given at the Faculty of Law of Laval University, Fall 2022International Arbitration, practical course teached in English at the Quebec Bar School each semester since Fall 2021
- "Prévenir un litige international : l’utilité des clauses de règlement des différends" (Preventing an International Dispute: The Use of Dispute Resolution Clauses), published by Therrien Couture Joli-Cœur L.L.P., 2020
- "Les litiges entre actionnaires – Les clauses de règlement des différends" (Dispute Resolution Clauses in Shareholder’s Disputes), private lecture, Montreal, 2019
- "Le règlement des différends dans les contrats internationaux" (Dispute Resolution in International Contracts), private lecture, Quebec City, 2019
- "La prescription en droit international privé : jugements et sentences" (Limitation in Private International Law: Judgments and Arbitral Awards), lecture given to the International Section of the Quebec branch of the Canadian Bar Association, 2017
- "Droit international privé" (Private International Law), course given at the Faculty of Law of Laval University, Winter 2015, Winter 2016 and Fall 2016
- "Les moyens préliminaires au nouveau Code de procédure civile : une réforme discrète du droit d’agir en justice", in Sylvette Guillemard, dir., Le Code de procédure civile : Quelles nouveautés?, Yvon Blais, Cowansville, 2016
- "Conflicts of Laws Within Conflicts of Jurisdictions: Uncharted Legal Territory in International Arbitration", lecture given to the McGill Arbitration Student Society, 2015
- "Règlement des différends en droit privé interne et international, matières civiles et commerciales" (Dispute Resolution in Civil and Commercial Domestic and International Private Law), seminar given at the Faculty of Law of Laval University, 2015
- "Les aspects historiques de la qualification de la prescription en droit international privé", (2014) C. de D. 829
Events
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TCJ's meetings
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Intellectual Property and Information TechnologySaint-Hyacinthe Convention Centre
8:30 AM to 12:30 PM
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Redifussion : TCJ's meetings
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Family Law
News
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Labour and Employment
An admitted fault is half forgiven
On January 2nd, 2023, an arbitrator confirmed that soliciting colleagues to participate in a pyramid scheme and lying to his employer on the matter constitutes sufficient grounds to justify the dismissal of an employee.
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Lawyers
New Year… new rules for Quebec enterprises in terms of corporate transparency!
The Act mainly to improve the transparency of enterprises, also known as Bill 78 (SLQ 2021, c 19) ("Bill 78") which was given assent on June 8, 2021 will finally come into force on March 31, 2023.
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Appointment of new partners at Therrien Couture Joli-Cœur s.e.n.c.r.l.
Saint-Hyacinthe, january 16th 2023 – Therrien Couture Joli-Cœur announces two new partners effective january 1st, 2023. Following the partnership process and the recommendation of the nominating committee, TCJ has appointed a tax lawyer and, a first (…)
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